Criminal Law
The Police & Your Rights
If the police stop me for drunk driving, what tests may they force me to take?
If the police observe you driving strangely or violating the rules of the road, they are permitted to stop your vehicle. If the police then smell alcohol on your breath or have other reason to believe you are driving while intoxicated or under the influence of alcohol, they have the right to ask you to take certain tests. The law refers to these as "field sobriety" tests. Typical tests involve walking a straight line heel-to-toe or touching your finger to the tip of your nose with your eyes closed.
If you do not perform these tests satisfactorily, the police will ask you to submit to a scientific test that shows how much (if any) alcohol is in your body. Many states will offer you one of three choicesgive a blood sample, give a urine sample, or take a Breathalyzer test. The Breathalyzer involves blowing into a balloon attached to a machine that measures the percentage of alcohol in your breath (breath-alcohol concentration, or BAC).
The police are not allowed to force you to take these tests. However, depending on the law in your state, they might use your refusal as evidence against you in court. Also, in many states, refusal to submit to such tests will result in automatic suspension or revocation of your driver's license.
>>How does one report a crime?
>>How do the police investigate crimes?
>>How long may police hold suspects before filing charges?
>>What is probable cause?
>>If the police stop me for drunk driving, what tests may they force me to take?
>>What procedures must the police follow while making an arrest?
>>What are Miranda rights?
>>What is an interrogation?
>>Is it wise to have a lawyer present during interrogations?
Practical Law Home | Criminal Law | Basics of Criminal Law | *The Police & Your Rights*
Rules on Search and Seizure | Juvenile Criminal Cases | Victims'
Rights

